Dispute Resolution (Procedures) Regulations, 2016

L.N. 209 of 2016

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Dispute Resolution (Procedures) Regulations, 2016

IN exercise of the powers conferred by article 37(1) of the

Regulator for Energy and Water Services Act, the Prime Minister, as

Minister responsible for Energy, after consultation with the Regulator

for Energy and Water Services, has made the following regulations:-

(1)

The title of these regulations is the Dispute Citation and

scope.

Resolution (Procedures) Regulations, 2016.

(2) These regulations shall apply to the resolution of disputes

by the Regulator for Energy and Water Services.

In these regulations, unless the context otherwise requires

Definitions.

"Act" means the Regulator for Energy and Water Services Act;

"authorisation" shall have the same meaning as under the Act;

"authorised provider" means any natural or legal person

irrespective of whether privately or publicly owned, who is acting,

including through any person acting in his name or on his behalf, for

purposes relating to his trade, business, craft or profession who has a

valid authorisation to operate, provide or carry out any activity or

operation or to provide any service relating to energy and energy and

water services;

"consumer" means any person who uses or requests a service

and, or product the provision of which is regulated by the Act who is

acting for purposes which are outside his trade, business, craft or

profession;

"decision" shall have the same meaning as under the Act;

"directive" shall have the same meaning as under the Act;

"the Minister" means the Minister responsible for Energy;

"person" includes any body corporate and any body of persons

whether or not it has a legal personality distinct from that of its

members;

"prescribed" means prescribed by regulations made under the

Act;

"Regulator" means the Regulator for Energy and Water

Services;

"Tribunal" means the Administrative Review

Tribunal

established by article 5 of the Administrative Justice Act.

(1)

In the event of a dispute arising between authorised

providers in connection with their rights and, or obligations under the

Act, the Regulator shall, subject to sub-regulation (2), at the request

of an authorised provider who is party to the dispute, initiate an

investigation of the dispute and as soon as possible and in any case,

other than in circumstances which the Regulator considers

exceptional, within four months from the date on which the dispute

was notified to it by a party to the dispute, make a determination to

resolve the dispute and ensure compliance with the Act

Provided that the period of four months may be extended

by another two months where additional information is sought by the

Regulator and all the parties to the dispute agree to such a further

extension

Provided further that nothing in this regulation shall be

construed as prohibiting the Regulator from investigating of its own

initiative any disputes it may become aware of and which the

Regulator considers it should investigate upon its initiative.

(2) The Regulator may decide not to initiate an investigation

referred to in sub-regulation (1) where it is satisfied that other means

of resolving the dispute in a timely manner are available to the parties

or if legal proceedings in relation to the dispute have been initiated by

any party to the dispute.

(3) Where the Regulator decides not to initiate an

investigation under sub-regulation (2), it shall inform the parties of

such decision as soon as possible thereafter.

(4) If, within four months from the date of a decision referred

to in sub-regulation (3), the dispute is not resolved and the party

seeking redress has not initiated legal proceedings before the ordinary

courts or any other competent adjudicative forum however so

described, the Regulator may, at the request of any of the parties to

the dispute, initiate an investigation and give a decision in accordance

with the provisions of this regulation.

(5) An authorised provider to which a decision under this

regulation applies shall, saving any suspension of the decision

pending the final determination of the appeal, forthwith comply with

that decision. If the authorised provider concerned fails to do so, it

shall be deemed to have committed an infringement of this regulation

and the Regulator may impose an administrative fine in accordance

with the provisions of the Act.

(6) In issuing a decision under this regulation the Regulator

shall state the reasons on which it is based, and shall, subject to such

requirements of commercial confidentiality as it may deem

appropriate, notify the parties to the dispute with a copy of the

decision.

(7) The Regulator shall publish notice of a decision given

under this regulation and shall indicate where copies of or

information regarding the decision may be obtained.

(8) The procedure referred to in this regulation shall not

preclude any party to the dispute from bringing an action before the

courts or any other competent adjudicative forum.

(1)

Where a dispute, however so described, arises Disputes

between an authorised provider and a consumer, further to which a involving

consumers and

consumer makes a complaint by alleging an infringement of the Act authorised

providers.

or subsidiary legislation made thereunder, by an authorised provider,

any party to such a dispute may refer the dispute to the Regulator

Provided that, when referring a dispute under this

regulation, the consumer must prima facie show that he has been

affected by the act or omission of the authorised provider giving rise

to the dispute.

(2) Upon receipt of any reference as aforesaid, or upon

otherwise becoming aware of any such dispute that the Regulator

believes should be investigated, the Regulator shall notify all the

parties to the dispute that the matter is being investigated. In doing so

the Regulator shall regulate its own procedure, which procedure shall,

as far as is reasonably possible, be transparent, simple, inexpensive

and conducive to a prompt and fair settlement of the dispute, and shall

afford all parties to the dispute reasonable opportunity to make their

submissions and to produce any relevant information

Provided that the Regulator may decide not to initiate an

investigation in accordance with this regulation where it is satisfied

that other means of resolving the dispute in a timely manner are

available to the parties or if legal proceedings in relation to the

dispute have been initiated by any party to the dispute.

(3) The Regulator, in resolving any disputes referred to it

under this regulation, may issue directives to the authorised provider

concerned requiring that authorised provider to comply with any

measure the Regulator may specify for the resolution of the dispute.

Such directives may, having regard to its determination of the dispute

and to all other relevant matters, include an order to effect the

reimbursement of payments received or to make compensation

payments. Such payments may also include the whole or part of the

costs of any party relating to the engagement of a lawyer and, or of a

technical adviser in relation to any submissions relating to the

dispute

Provided that, in the absence of such a directive by the

Regulator, the consumer to a dispute shall have the right to request

the Regulator that the whole or part of the costs relating to the

engagement of a lawyer and, or of a technical adviser in relation to

any submissions relating to the dispute be paid to the consumer

concerned by any other party to the dispute.

(4) A party to which a measure under this regulation applies

shall, saving any suspension of the decision pending the final

determination of the appeal by the Tribunal, forthwith comply with

that measure. If the party concerned fails to do so, it shall be deemed

to have committed an infringement of this regulation and the

Regulator may impose an administrative fine of not more than six

hundred euro (€600) for each day of non-compliance in accordance

with the provisions of the Act. The period of non-compliance shall be

deemed to have commenced from the date of notification of the

measure of the Regulator or from any such other date as may be

communicated in the measure which date shall in any case be on or

subsequent to the date of notification.

(5) The Regulator shall make publicly available any

administrative procedures it may from time to time establish in

relation to the handling of any disputes referred to it under this

regulation.

(6) The provisions of this regulation shall be without prejudice

to the right of a consumer to have recourse to any other body in

resolving any such disputes.

(7) In issuing a decision under this regulation the Regulator

shall state the reasons on which it is based, and shall, subject to such

requirements of commercial confidentiality as it may deem

appropriate, notify the parties to the dispute with a copy of the

decision.

(8) The Regulator shall publish notice of a decision given

under this regulation and shall state where copies of, or information

regarding, the decision may be obtained.

(9) The Regulator shall conclude dispute resolution

proceedings under this regulation expeditiously within a time-frame

of ninety calendar days starting on the date on which the Regulator

has received the complete complaint file including all relevant

documentation pertaining to that complaint, and ending on the date on

which the outcome of the dispute resolution proceeding is made

available. The Regulator shall notify the parties after receiving all the

documents necessary to carry out the dispute resolution proceeding.

In certain exceptional cases of a highly complex nature, including

where one of the parties is unable, on justified grounds, to take part in

the dispute resolution proceeding, the Regulator may extend the time-

frame for the purpose of undertaking an examination of the case in

question. The parties should be informed of any such extension, and

of the expected approximate length of time that will be needed for the

conclusion of the dispute.

(10) The Regulator shall

(a)

maintain an up-to-date website which provides the

parties with easy access to information concerning dispute

resolution proceedings, and which enables consumers to submit

a complaint and the requisite supporting documents online;

(b)

provide the parties, at their request, with the

information referred to in paragraph (a) on a durable medium;

(c)

where applicable, enable the consumer to submit a

complaint offline;

(d)

enable the exchange of information between the

parties via electronic means or, if applicable, by post;

(e)

take the necessary measures to ensure that the

processing of personal data complies with the rules on the

protection of personal data laid down in the Data Protection Cap. 440.

Act.

(1)

The Regulator may refuse to deal with a given Refusal to deal

with a dispute.

dispute on the grounds that

(a)

the consumer did not attempt to contact the

authorised provider concerned in order to discuss his complaint

and seek, as a first step, to resolve the matter directly with the

authorised provider;

(b)

the dispute is frivolous or vexatious;

(c)

the dispute is being or has previously been

considered by another dispute resolution entity or by a Court;

(d)

the consumer has not submitted the complaint to

the Regulator within one year from the date upon which the

consumer submitted the complaint to the authorised provider;

(e)

dealing with such a type of dispute would

otherwise seriously impair the effective operation of the

Regulator;

(f)

the consumer has not submitted the complaint to

the Regulator within two years from the date upon which the

facts constituting the substance of the complaint of the

consumer have first arisen.

(2) Where, in accordance with its procedural rules, the

Regulator is unable to consider a dispute that has been submitted to it,

the Regulator shall provide both parties with a reasoned explanation

of the grounds for not considering the dispute within three weeks of

receiving the complaint file. Such procedural rules shall not

significantly impair consumers’ access to dispute resolution

proceedings.

A decision made by the Regulator under these regulations

shall be binding on the parties to the dispute

Provided that in the case of disputes between authorised

providers and consumers, the decision may be binding on consumers

only if they are informed of its binding nature in advance and they

have specifically accepted this.

The Administrative Review Tribunal established by article

5 of the Administrative Justice Act shall be competent to hear and

determine appeals from decisions of the Regulator made under these

regulations. An appeal from a decision of the Regulator made under

these regulations shall lie to the Administrative Review Tribunal in

accordance with article 32 of the Act.

€0.54